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In NY State: If a person hurt their back and the Dr put them on paid disability leave for 2 weeks, and then the same person needs to take Family Medical Leave to take care of a sick spouse, does the time they were out of work on disability leave count against the 12 weeks of Family Medical Leave they are entitled to? For instance would they only have 10 weeks of Family Medical Leave left to use? Thanks for any and all replies.

2007-03-13 14:00:29 · 2 answers · asked by butterfly 1 in Politics & Government Law & Ethics

2 answers

No, it is treated as two separate issues. The Family Medical Leave Act of 1993 states that covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
What you have indicated is a paid disability leave for 2 weeks, then the request for unpaid leave which is what FMLA is all about.

2007-03-13 14:13:56 · answer #1 · answered by thequeenreigns 7 · 0 0

You are asking about two different issues.If the person is on short term disability, it's not the same thing as FMLA. If the person was hurt at work, he should have been on workman's compensation. FMLA provides for up to 12 wks of unpaid leave for certain things such as adoption, birth of a child etc. You should have 12 weeks, provided the employee meets the requirements for eligibility. You may wish to check the web site of the USDOL. It will provide you with all the requirements for eligibility.

2007-03-14 11:43:06 · answer #2 · answered by Paul G 2 · 0 0

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